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IN RE BUSH

No. A119085.

74 Cal.Rptr.3d 256 (2008)

161 Cal.App.4th 133

In re Ronnie Gene BUSH, on Habeas Corpus.

Court of Appeal of California, First District, Division Five.

March 25, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Amber N. Wipfler, Deputy Attorney General, for Respondent.

Picone & Defilippis and Steve M. Defilippis, San Jose, for Petitioner.

NEEDHAM, J.

When the Board of Parole Hearings (Board)1 determines that a prisoner serving an indeterminate life sentence is suitable for parole, it must calculate a base term for the offense and set a parole release date. (Cal.Code Regs., tit. 15, §§ 2282, 2289, 2290.) On some cases, the time already served by the prisoner exceeds this base term. We conclude that although such...

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